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NOTICE OF MOTION

Anuya Sunil MurkarVsSindhu Abhay Shivalkar And Ors

CNR MHCC0100786320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd November 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102844/2019
Registration Date
30 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-09-2019
    Business: Adv. Mr Redekar for the Plaintiff present.
    Adv. Mr. Pandit for Defendant-1 present.
    Vakalatnama tendered by Defendant No. 1. t.o.r. O-filed.
    Adv. Vinayak Tare h/f Mangal Kadam for MHADA Defendant no. 3 present.
    Adv. Ms. Ami for Defendant no. 4 present.
    Vakalatnama tendered by det no. 4. t.o.r. O-filed.
    Original registered N/M No. 2844/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Original writ of summons tendered by the plff. t.o.r.
    Defendant no. 2 is served with writ of summons
    Matter is adjd. to 28.11.2019 for passing exparte order against Defendant no. 2/ reply and WS by Defendant nos. 1, 3 and 4.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: matter adjd. to 13.01.2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv.Redekar for Plaintiff is present he is seeking time to file reply to N/M No.40/20. Time granted.
    Adv.Mangal Kadam for defendant no.3 is present.
    Adv.Minal Parab for defendant no. 1 is present she tendered registred N/M No.40/20.
    Adv.Viraj Bansod for defendant no. 4 is present.
    Matter is adjd. for N/M reply to 18/02/2020 .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: matter adjd to 03.04.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv Redekar for plff present.
    Adv. Flora Jain For deft 4 present.
    Adv Mangal for deft no.3 present.
    Adv Pandit for deft. no.1 present.
    None for deft. no.2
    FRSR, following order is passed
                                 ORDER
    1. Notice of Motion No.40 of 2020 is made absolute in terms of prayer clauses (a) and (b) subject to costs of Rs.5,000-.
    2. Notice of Motion No.40 of 2020 is accordingly disposed of.
    WS filed by deft. no.1 t.o.r.
    Matter is adjd. to 08.03.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff is present.
    Adv. Mr. Redekar for the plaintiff.
    Adv. Tingre for the defendant No.1.
    Adv. Mr. Kajuwala for the defeated No.2.
    Adv. Mangal Kadam for defendant No.3.
    Matter is adjd. to 19/04/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Second sessions Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 17.03.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Redekar for plaintiff present.
    Adv. Minal Parab for defendant no. 1 present.
    Adv.Mangal Kadam for defendant no.3/MHADA present.
    Ld. Adv. for plaintiff seeks time to file rejoinder. MHADA failed to file reply.
    Deft. no. 4 failed to file reply.
    hence matter is listed for filing rejoinder of plaintiff.
    Matter is adjd. to 07-06-2022 for N/m rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. Redekar for plaintiff present and seeking time to file rejoinder.
    Adv.Mangal Kadam for defendant/MHADA present.
    Adv. Milan Parab for defendant no. 1 present.
    Adv. Viraj for defendant no. 4 present.
    Matter is adjd. to 06-07-2022 for reply or rejoinder on N/m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Redekar for plaintiff present and filed rejoinder to reply of defendant no.1 in N/m 2844/19.
    Adv. Minal Parab for defendant no. 1 present.
    Other defendant absent.
    Last chance granted to defendant nos. 2 to 4 for filing reply.
    Matter is adjd.to 29-08-2022  for  N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Plaintiff Adv. S.S. Redekar for plaintiff present.
    Adv. Minal Parab for defendant no. 1 present.
    Adv. Mangal Kadam for defendant No.3/MHADA present.
    CA of Deft.no 1 present.
    Matter is adjd. to 14.10.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: C.A. of Deft.No. 1 present.
    Adv. S.S. Redekar for plaintiff present.
    Adv. Minal Parab for defendant 1 present.
    D-2 and 4 are absent for filing reply. Hence, no reply order is passed against them.
    Adv. Mangal Kadam for defendant No.3/MHADA present and submitted that she is not going to file reply.
    Matter is adjd. to 05.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: As Court is busy in hearing arguments in Notice of Motion No. 1844/2019 in Suit No. 2650/2019. Hence, Board is discharged.
    Matter is adjourned to 14.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Redekar for plaintiff present.
    CA of defendant No. 1 present.
    Adv. Minal Parab for Defendant No.1 present.
    Adv. Mangal Kadam for defendant no.3/MHADA present.
    As Court is busy in dictating judgment in Suit No. 864/2016 and Order in Misc. App. No. 61/2021. Hence, Matter is adjourned to 27.04.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Adv. Redekar for plaintiff present.
    CA of defendant No. 1 present.
    Adv. Minal Parab for defendant No. 1 present.
    Adv. Mangal Kadam for defendant no.3/MHADA present.
    Matter is adjourned to 24.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Adv. Mr. Madkaikar for the plaintiff is present.
    Adv. Mr. G.N. Pandit for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No. 3/MHADA is present.
    Adv. for the plaintiff filed additional compilation of documents and additional affidavit of plaintiff in support of NM No. 2844/2019 and seeks urgent hearing on NM. Copies are supplied to the other side.
    Advocate for defendant No. 1 seeks time to file reply to the additional affidavit. He undertakes to serve copy of reply to the plaintiff in advanced.
    Matter is adjourned to 03.08.2023  for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. Mr. P.S. Madkaikar a/w Adv. S.S. Redekar for the plaintiff is present.
    Adv. Mr. G.N. Pandit for defendant No. 1 is present and filed affidavit in reply to NM No. 2844/2019. TOR. Copy is supplied to the other side.
    Matter is adjourned to 08.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv. Mr. Paresh Madkaikar a/w Adv.  Redekar for the plaintiff is present.
    Adv. Mr. G.N. Panit a/w Adv.  Minal Paral for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.3/MHADA is present.
    Heard partly arguments of both the sides on NM No. 2844/2019.
    Matter is adjourned to 22.08.2023 for NM hearing P.H.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Mr. S.S. Redekar for the plaintiff is present.
    Adv. Mr. G.N. Pandit for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.3/MHADA is present.
    Adv. for defendant No. 1 filed compilation of documents. TOR.
    It is submitted by ld. advocate for plaintiff as well as defendant No. 1 they want to make submission on compilation of documents.
    Matter is adjourned to 30.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: The plaintiff is present.
    Adv. Mr. S.S. Redekar for the plaintiff is present.
    Adv. Ms. Minal Parab for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.3/MHADA is present.
    Adv. for the plaintiff filed compilation of documents. TOR. Copy is supplied to the other side. At the request of advocate for plaintiff and defendant No. 1 matter is adjounred for NM hearing.
    Matter is adjourned to 13.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: The plaintiff is present.
    Adv. Mr. S.S. Redekar for the plaintiff is present.
    Defendant No. 1 is present.
    Adv. Ms. Minal Parab for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.3/MHADA is present.
    As the Court is busy in hearing NM No. 2036/2023 in SU No. 6910/78.
    By consent matter is adjourned to 26.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv. Mr. Paresh Madkaikar for the plaintiff is present.
    None present for the defendant.
    KB LO at 04:13 pm.
    Defendant No. 1 is present.
    Adv. Ms. Minal Parab for defendant No. 1 is present and submitted that NM No. 2844/2019 has been partly heard. Today, advocate on record for defendant No. 1 is unable to attend the Court and requested for adjournment.
    Matter is adjourned to 03.10.2023 for further NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: The plaintiff is present.
    Adv. Mr. Khairnar h/f Adv. Madkaikar for the plaintiff is present.
    Defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.3 /MHADA is present.
    KB LO at  04:40 pm.
    Adv. Mr. Madkaikar for the plaintiff is present.
    Adv. Mr. G.N. Pandit for defendant No. 1 is present.
    Heard arguments of both the sides on NM No. 2844/2019.
    Matter is adjourned to 18.10.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: The Court is busy in hearing on NM No. 3158/2021 in SU No 2303/2021 and NM No. 2906/2023 in SU No. 1800/2023. Hence, board is discharged.
    Matter is adjourned to 06.11.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Mr. P.S. Madikar for the plaintiff is present.
    Adv. Mr. Magal Kadam for defendant No. 3 MHADA is present.
    KB.
    Adv. Saisha Pisal for defendant no.4 present.
    As court is busy in hearing argument in NM in Suit No. 1800/2023. Hence, matter adjourned.
    Adjourned for NM order on 23.11.2023
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: ORDER
    Notice of Motion No.2844 of 2019 stands dismissed with costs and disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 23-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108328/2019
    Filing Date: 30-07-2019
    First Hearing Date: 09th September 2019
    Decision Date: 23rd November 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Nov 2023

    Order Details: Notice of Motion Pdf Text: 1 MHCC010078632019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 2844 OF 2019 IN SUIT NO. 1074 OF 2019. Mrs. Anuya Sunil Murkar ]..Plaintiff. V/s. 1. Mrs. Sindhu Abhay Shivalkar] and others. ]..Defendants. Advocate Mr. P.S. Madkaikar for the plaintiff. Advocate Mr. G.N. Pandit for defendant No.1. Advocate Ms. Mangal Kadam for defendant No. 3/MHADA. Advocate Mr. Saisha Pisal for defendant No.4. CORAM : HIS HONOUR JUDGE MR. VAIBHAV…

    Read Full Order

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